Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1946

CLARIFICATION ORDER Re: 1945 Order on Post-Trial Proceedings. Signed by Judge Lucy H. Koh on 8/29/12. (lhklc3S, COURT STAFF) (Filed on 8/29/2012)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11
12
13
14
15
16
17
18
19

APPLE INC., a California corporation,

)
)
Plaintiff and Counterdefendant,
)
v.
)
)
SAMSUNG ELECTRONICS CO., LTD.,
)
a Korean corporation;
)
SAMSUNG ELECTRONICS AMERICA, INC., )
a New York corporation; and
)
SAMSUNG TELECOMMUNICATIONS
)
AMERICA, LLC,
)
a Delaware limited liability company,
)
)
Defendants and Counterclaimants. )
)

Case No.: 11-CV-01846-LHK
CLARIFICATION ORDER RE: POSTTRIAL PROCEEDINGS
(re: dkt. #1945)

As set forth in the Court’s August 28, 2012 Order Regarding Post-Trial Proceedings, the

20

Court will hold a hearing on Apple’s motion for a permanent injunction and willfulness

21

enhancements on December 6, 2012, at 1:30 p.m., alongside hearings on both parties’ Rule 50

22

motions. In light of the substantial overlap between the issues involved in Apple’s motion for a

23

preliminary injunction, Apple’s motion for a permanent injunction, Apple’s motion for willfulness

24

enhancements, and the parties’ respective Rule 50 motions, the Court believes that the interests of

25

justice and judicial economy will be best served by addressing Apple’s requests for equitable relief

26

together with the parties’ Rule 50 motions. Furthermore, in light of Apple’s August 27, 2012

27

statement indicating that it intends to seek a preliminary injunction against eight Samsung phones

28

involving seven different intellectual property rights, the Court believes it is neither appropriate nor
1
Case No.: 11-CV-01846-LHK
CLARIFICATION ORDER RE: POST-TRIAL PROCEEDINGS

1

feasible to set an expedited briefing and hearing schedule on Apple’s motion for a preliminary

2

injunction in advance of Apple’s motion for a permanent injunction.

3

Accordingly, the Court will not hold a hearing on any motion for a preliminary injunction

4

on September 20, 2012. Instead, Apple shall file its motion for a permanent injunction and

5

willfulness enhancements by September 21, 2012, which will be set for hearing on December 6,

6

2012, at 1:30 p.m., in accordance with the Court’s August 28, 2012 Order.

7

IT IS SO ORDERED.

8
9

Dated: August 29, 2012

_________________________________
LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

Case No.: 11-CV-01846-LHK
CLARIFICATION ORDER RE: POST-TRIAL PROCEEDINGS